Call for End to Impunity in Guatemala

July 11 , 2007

UPDATE: On August 1, 2007, the Guatemalan Congress voted to establish the commission of experts to help investigate and prosecute organized crime.

In December 2006 we asked you to call on the Guatemalan Congress to approve the formation of an innovative international commission, which would investigate and assist in prosecuting illegal armed groups that are frequently responsible for attacks against human rights activists.

Last year alone there were nearly 300 attacks against human rights defenders in Guatemala, most of which went uninvestigated.

The Guatemalan Congress must vote in favor of this commission before it can be established. Yet, despite a recent decision by the Guatemalan Constitutional Court stating that the commission is legal, the Guatemalan Congress has so far failed to approve it.

With elections for a new Congress fast approaching, time is running out for this Congress to approve the commission. At this critical time you can make a difference by joining Guatemalan human rights defenders in calling for the Congress to approve the commission now.

Background:

On December 12, 2006, the United Nations and the Guatemalan government signed an agreement to establish an independent International Commission against Impunity in Guatemala (CICIG). The mandate of CICIG would be to investigate and promote the prosecution of illegal armed groups. These powerful clandestine groups are allegedly responsible for frequent attacks against human rights defenders, as well as involved in corruption, organized crime, drug trafficking and political violence.

In February 2007, three Salvadoran parliamentarians and their driver were assassinated by senior members of the Guatemalan National Civilian Police, including the head of the organized crime unit. Four of those police officers were themselves subsequently killed while in a high security Guatemalan jail. The incident has demonstrated the extent to which illegal armed groups have infiltrated high levels of state institutions in Guatemala. It has also shown the pressing need for the international community, by means of CICIG, to assist the Guatemalan government in investigating and promoting the prosecution of illegal armed groups.

CICIG has the potential to:

• uncover the full extent of the illegal armed groups;
• dismantle their underlying structure;
• prosecute high-profile individuals responsible for crimes and attacks on human rights defenders; and
• prevent future attacks on human rights defenders by putting an end to the culture of impunity that encourages such attacks.

On May 8, 2007, the Guatemalan Constitutional Court held that the agreement to establish CICIG was constitutional. The Guatemalan Congress must now ratify the agreement before CICIG is established.

Human Rights First’s Advocacy in Support of CICIG
Human Rights First has long supported the establishment of CICIG. In December 2006, in response to our alert, over a thousand of you wrote to the Guatemalan Congress urging it to pass the CICIG agreement. In March of this year, in a press release and letter to President Bush we urged him to publicly support CICIG during his trip to Guatemala. On March 12, the President did just that stating, "[Guatemalan] President Berger is working with the United Nations to form an international commission to help investigate and prosecute organized crime in Guatemala, and the United States strongly supports this effort."
After hearings supported and attended by Human Rights First, on March 21, 2007, the Inter-American Commission on Human Rights condemned the recent increase in attacks against Guatemalan human rights defenders and called for the establishment of CICIG.
Following meetings we organized with key members of the US Congress, the House of Representatives on April 9, 2007 wrote a letter to the Guatemalan Congress encouraging to the ratify the CICIG agreement.

Finally, on May 1, 2007 after hundreds of you took action on our alert and sent emails to your Senators, the United States Senate passed a resolution encouraging the Guatemalan Congress to pass the CICIG agreement.

Additional Information:

Situation of Human Rights Defenders in Guatemala

Recent attacks against human rights defenders and the need for CICIG

CICIG Agreement

Recent UN Report by the Special Rapporteur on Extrajudicial Executions calling for the establishment of CICIG

Amicus Curiae submitting Constitutionality of CICIG by Myrna Mack Foundation (in Spanish)

Report by Myrna Mack Foundation on Importance of CICIG (in Spanish)

Sample Letter:

Rubén Darío Morales Velíz,
President of the Guatemalan Congress
9ª Avenida 9-44 Zona 1
Guatemala City, 01001
Guatemala
(502) 2232 1260 o 2387 4000  

Dear President,

I support Guatemalan human rights defenders in their call for the Guatemalan Congress to ratify the Agreement between the State of Guatemala and the United Nations on the establishment of an International Commission against Impunity in Guatemala (CICIG). CICIG is a vital tool to investigate and assist in the prosecution of illegal armed groups in Guatemala.

As you know, the Guatemalan government sought the assistance of the international community to combat impunity by negotiating and signing an agreement with the UN to establish CICIG. CICIG has a defined mandate to investigate and promote the prosecution of clandestine armed groups in Guatemala. On May 8 2007, the Constitutional Court of Guatemala held that CICIG was constitutional. The Court confirmed that CICIG would work alongside the Attorney-General’s office in investigating clandestine groups. As such, far from weakening national sovereignty, CICIG will support the Guatemalan state by strengthening the judicial system.

Moreover, CICIG could:

• fulfill the government’s commitment to combat illegal armed groups under the Comprehensive Agreement on Human Rights of  March 22,1994;
• uncover the full extent of illegal armed groups and dismantle their underlying structure;
• reduce attacks against human rights defenders and other forms of violence by assisting in the prosecution of illegal armed groups and combating the culture of impunity which encourages such violence.

I therefore urge Congress to promptly ratify the CICIG Agreement and to support CICIG once it is established. Given upcoming elections, it is vital that Congress approve CICIG now so as not squander this unique opportunity to strengthen the rule of law in Guatemala.

Thank you for your attention to this urgent matter.  I will continue to closely monitor this situation.

CC

Edgar Alfredo Rodríguez
Presidenta, Comisión Derechos Humanos

Zury Ríos Montt de Weller
Presidente, Comisión Relaciones Externales  

Jorge Méndez Herbruger
Jefe, Bancada Gran Alianza Nacional

Arístides Baldomero Crespo Villega
Jefe, Bancada Frente Republicano Guatemalteco

Roberto Kestler Velásquez
Jefe, Bancada Unidad Nacional de la Esperanza

Carlos Yat Sierra
Jefe, Bancada Partido de Avanzada Nacional

Cesar Leonel Soto Arango
Jefe, Independiente Unión del Cambio Nacion

Ingrid Roxana Baldetti Elias
Jefe, Bancada Patriota